Trump’s Executive Order on Birthright Citizenship: What It Means for Africans and Nigerians in the U.S.

On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for certain children born in the United States. This order specifically targets children born on U.S. soil to parents who are neither U.S. citizens nor lawful permanent residents (LPRs), including those on temporary visas such as students, workers, or tourists.

Birthright citizenship, rooted in the 14th Amendment of the U.S. Constitution, grants citizenship to all individuals born in the United States, regardless of their parents’ immigration status. This principle, known as jus soli (“right of the soil”), has been a cornerstone of American identity and inclusivity. The U.S. Supreme Court affirmed this interpretation in the landmark 1898 case of United States v. Wong Kim Ark, establishing that children born in the U.S. to foreign nationals are citizens by birth.

President Trump’s executive order challenges this long-standing interpretation by stipulating that, effective February 19, 2025, children born in the U.S. will only be granted citizenship if at least one parent is a U.S. citizen or an LPR at the time of the child’s birth. This policy shift would significantly impact families of non-immigrant visa holders, including students, professionals, and tourists, by denying automatic citizenship to their U.S.-born children.

The executive order has sparked immediate legal challenges. Attorneys general from 22 states have filed lawsuits arguing that the order violates the 14th Amendment. Legal experts widely contend that altering birthright citizenship requires a constitutional amendment, not an executive order, due to the deep entrenchment of this right in American jurisprudence.

For Africans, particularly Nigerians, who constitute a significant portion of the African diaspora in the U.S., this executive order carries profound implications:

Non-Immigrant Visa Holders: Many Nigerians reside in the U.S. on temporary visas, such as the H-1B for skilled workers or F-1 for students. Under the new order, children born to these individuals in the U.S. after February 19, 2025, would not automatically receive U.S. citizenship, potentially affecting their legal status and access to opportunities.

Birth Tourism: The practice of traveling to the U.S. for childbirth to secure citizenship for the newborn, sometimes referred to as “birth tourism,” is prevalent among some Nigerian families. The executive order aims to curtail this by denying citizenship to children born under such circumstances, thereby impacting families who had planned to pursue this route.

Diaspora Relations: The order may strain relations between the U.S. and African nations, as it alters the dynamics of migration and the benefits previously associated with U.S. birthright citizenship. Families may need to reassess their plans regarding education, employment, and residence in the U.S., considering the potential legal and social ramifications.

President Trump’s executive order represents a significant shift in U.S. immigration policy, directly challenging the constitutional guarantee of birthright citizenship. For Africans, and Nigerians in particular, this development necessitates a reevaluation of strategies related to residency and family planning in the United States. As legal battles unfold, the future of birthright citizenship remains uncertain, underscoring the importance of staying informed and seeking legal counsel when navigating these complex issues.